Page:United States Statutes at Large Volume 45 Part 1.djvu/527

 476 SEVENTIETH CONGRESS. SESS. I. CHs. 471, 472. 1928 . Maintenance as free bridge, etc ., after amo r- tizing c osts. Rec ord of e xpend i- tures and receipts . Swo rn s tate ment of construction costs, etc ., to be filed after comple- ti on. Examination by Sec- retary of War. Findings of Secretary conclusive. Right to sell, etc ., conferred. Amendme nt. After a sinking fund sufficient for such amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of tolls shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical management. An accurate record of the amount paid for acquiring the bridge and its approaches, the actual expenditures for maintaining, repairing, and operating the same, and of the daily tolls collected shall be kept and shall be available for the information of all persons interested. SEC. 4 . The Cabin Creek Kanawha Bridge Company, its succes- sors and assigns shall, within ninety days after the completion of such bridge, file with the Secretary of War and with the highway department of the State of West Virginia, a sworn itemized state- ment showing the actual original cost of constructing the bridge and its approaches, the actual cost of acquiring any interest in real property necessary therefor, and the actual financing and promotion costs. The Secretary of War may, and at the request of the highway department of the State of West Virginia, shall, at any time within three years after the completion of such bridge, investigate such costs and determine the accuracy and the reasonableness of the costs alleged in the statement of costs so filed, and shall make a finding of the actual and reasonable costs of constructing, financing, and pro- moting such bridge ; for the purpose of such investigation the said Cabin Creek Kanawha Bridge Company, its successors and assigns shall make available all of its records in connection with the con- struction, financing, and promotion thereof. The findings of the Secretary of War as to the reasonable costs of the construction, financing, and promotion of the bridge shall be conclusive for the purposes mentioned in section 2 of this Act, subject only to review in a court of equity for fraud or gross mistake. SEC. 5. The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by this Act is hereby granted to the Ca bin Cr eek Ka nawha Bridg e Comp any, its su ccesso rs and assigns, and any corporation to which or any person to whom such rights, powers, and privileges may be sold, assigned, or transferred, or who shall acquire the same by mortgage foreclosure or other- wise, is hereby au thorized and e mpowered to e xercise the s ame as fully as though conferred herein directly upon such corporation or person. 'v SEC. 6 . The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, May 1, 1928. May 1, 192-9. [H. R. 11212.1 CHAP. 472.-An Act Authorizing Paul Leupp, his heirs, legal representatives, [Public, No. 337.] or assigns, to construct, maintain, and operate a bridge across the Missouri River at or near Stanton, North Dakota. Be it en ac ted by the Senate and House o f Representatives o f the Missouri River . United States o f America in Congress assembled, Tha t in order to Pa ul Leupp, may bridge, a t Stanton, N. promote interstate commerce, improve the Postal Service, and provide D ak. for military and other purposes, Paul Leupp, his heirs, legal rep- resentatives, or assigns, be, and is here by, auth oriz ed t o co nstr uct, maintain, and operate a bridge and approaches thereto across the Missouri River at a point suitable to the interests of navigation at C ooist~rucpGoon or near the village of Stanton, Mercer County, North Dakota, in Post, p. 1475 . accordance with the provisions of the Act entitled "An Act to regu- late the construction of bridges over navigable waters," approved March 23, 1906, and subject to the conditions and limitations con- tained in this Act.

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